Politics

Electoral Act: Respite For Malami, Amaechi, Others As Court Nullifies Contentious Clause

Published

4 years ago

March 19, 2022

Malami

Respite came the way of Rotimi Amaechi, Abubakar Malami, Chris Ngige and other appointees who are nursing ambition in 2023 as a Federal High Court on Friday nullified section 84 (12) of the amended Electoral Act, which requires them to resign before participating in primaries, convention and other electoral activities.

Buhari had sought the amendment of the act to delete section 84(12), which he said contravened the rights of political officeholders to vote or be voted for in political party conventions and congresses. But the parliament rejected the president’s request.

In line with the section, many state governors have asked their appointees seeking to contest for election to resign.

Section 84(12) states, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the nomination of black candidates for any election.”

While Amaechi and Ngige are said to be eyeing the presidency, Malami, who hails from Kebbi State, wants to contest for the governorship seat of his home state. Head of agencies who are set to contest for elections are also going to be affected by this development.

Court nullifies clause

The Federal High Court sitting in Umuahia, on Friday nullified Section 84(12), saying it was a violation of the provisions of the constitution.

The court, in a judgement delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.

Mr Nduka Edede, a lawyer and chieftain of the Action Alliance (AA) party had approached the court in the suit that had the Attorney General of the Federation as the defendant

The plaintiff had asked the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution was not inconsistent.

The court agreed with the submissions and ordered that Section 84(12) of the Electoral Act was inconsistent with the rights of Nigerian citizens.

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Anyadike held that the said sections already stipulated that appointees of government seeking to contest elections were only to resign, at least 30 days to the date of the election.

She held that any other law that mandated such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal null and void, “to the extent of its inconsistency to the clear provisions of the constitution”.

The judge thereafter ordered the Attorney General of the Federation to forthwith delete the said subsection 12 of Section 84 from the body of the Electoral Act, 2022.

The counsel to the plaintiff, Emeka Ozoani, a Senior Advocate of Nigeria (SAN), said that by this judgement, the National Assembly was not required to further make any amendment to the section.

The defense counsel, Mr Chris Nevo, hailed the judgement, saying the court had put to rest, the section that had been in conflict with provisions of the constitution.

INEC reacts

Reacting to the development, Mr Rotimi Lawrence Oyekanmi, the Chief Press Secretary to the chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, told Daily Trust Saturday that it is within the ambit of the judiciary to adjudicate on matters brought before competent courts of law.

“When such cases are tried and judgements are delivered, compliance becomes compulsory for all parties until a higher court decides otherwise.

“The INEC did not institute the case you referred to, nor are we a party to it, therefore, we do not have any opinion on the ruling,” Oyekanmi said.

We’re not aware of suit – N/Assembly

The Senate spokesman, Senator Ajibola Basiru, said he was not aware of the suit and whether the National Assembly was a party or was served and represented.

Also, the spokesman of the House of Representatives, Benjamin Kalu, said they were not aware of the judgement.

Court has powers to expunge clause – Lawyers

Paul Ananaba (SAN) said that according to section 6 of the Nigerian constitution, the court has the powers to nullify any section of an act that it deems unconstitutional

On the effects of the order on the upcoming 2023 general elections, he said it was for the INEC to study and give its guidelines, and that the court ruled based on the circumstances and not really about the timing of the election.

Also speaking, Abdulrasheed Abdulkareem (SAN) said the Federal High Court had powers to set aside any act or law.

He added that the latest decision would not affect the conduct of the 2023 elections as “that provision is only saying if you want to contest, resign. How does that one aspect affect the Electoral Act?”

Similarly, a former attorney-general of Ekiti State, Dayo Akinlaja (SAN) said the court had the powers to make pronouncements invalidating any provision that is found to be unconstitutional, adding that “it has always been the position of the law.”

“The practice is that once a court has struck down a provision of the law, that provision becomes inoperative.

“Of course, it is a decision of the High Court, anybody who is aggrieved can choose to go on appeal,” he said.

Print new electoral law – AGF

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), said his office would give effect to the decision of the court and would be recognised by the government printers.

In a statement signed by his media aide, Dr Umar Gwandu, the AGF noted, “The Act will be gazetted factoring the effect of the judgement into consideration and deleting the constitutionally offensive provision accordingly.

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.

“This is in line with the dictates of Chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that make it a point of duty and obligation on all authorities and persons to have the judgement of the Federal High Court, among others, to be enforced.”

DAILY TRUST

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AMAC Polls Shock: Another PDP Candidate Withdraws from FCT Race, Backs APC

Published

9 hours ago

February 19, 2026

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AMAC Polls Shock: Another PDP Candidate Withdraws from FCT Race, Backs APC

Less than 48 hours before the Federal Capital Territory (FCT) Area Council elections, the Peoples Democratic Party (PDP) chairmanship candidate for Abuja Municipal Area Council (AMAC), Hon. Zadna Dantani, has pulled out of the race and declared support for the All Progressives Congress (APC) candidate, Hon. Christopher Zakka Maikalangu.

Dantani’s withdrawal follows a similar move in Bwari Area Council, where the PDP candidate, Hon. Julius Adamu, stepped down in favour of APC’s Joshua Ishaku Musa, signalling a major shift in political alignment ahead of Saturday’s elections.

In a formal declaration, Dantani explained that his decision was influenced by high-level intervention from the FCT Minister, Nyesom Wike, whom he described as both “party leader and FCT leader.”

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“I want to sincerely appreciate everyone who supported us. This decision is not about personal interests. The Honourable Minister of FCT, Barrister Nyesom Wike, emphasized that this is a brotherhood election. I am aligning with APC in support of the good works of President Bola Ahmed Tinubu,” Dantani said.

Dantani also confirmed that he had completed all legal formalities, including submitting a letter of withdrawal to the Independent National Electoral Commission (INEC), stating that the move was entirely voluntary and made after consultations with family and stakeholders.

He called on his supporters across AMAC’s 12 wards to vote for APC’s Christopher Maikalangu, describing the alignment as a step toward unity and effective governance in the territory.

Political analysts note that these high-profile PDP withdrawals in both AMAC and Bwari have reshaped the FCT political landscape, increasing APC’s chances of sweeping the elections and stirring debates about PDP’s internal cohesion ahead of upcoming local and national contests.

AMAC Polls Shock: Another PDP Candidate Withdraws from FCT Race, Backs APC

Politics

Updated: Rivers Senator Mpigi Barinada dies at 64

Published

11 hours ago

February 19, 2026

Trends Admin

Updated: Rivers Senator Mpigi Barinada dies at 64

Lawmaker representing the South East Senatorial district of Rivers State, Senator Mpigi Barinada is dead.

He was aged 64.

The Chairman of the House of Representatives Committee on Works, Akin Alabi, confirmed the sad development in a tribute post on his official X handle on Thursday.

He wrote, “Good night my dear friend. Rest in Peace, Senator Mpigi Barinada. Sen Mpigi represented Rivers South East in the Senate”.

The Rivers Senator was the Chairman, Senate Committee on Works.

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Senator representing Nasarawa South, Mohammed Onawo, also paid glowing tribute to the late Rivers senator and urged his colleagues to honour his memory.

He spoke during the session of the Senate Committee on Culture and Tourism on Thursday.

First elected in 2011 to the lower house, he was re-elected for a second term in December 2016.

In 2019, he was elected as the Senator representing Rivers South East Senatorial District under the platform of the Peoples Democratic Party (PDP).

Updated: Rivers Senator Mpigi Barinada dies at 64

Politics

LP Crisis Deepens as Abure Faction Rejects Otti’s Reconciliation Call

Published

14 hours ago

February 19, 2026

Trends Admin

National Chairman of Labour Party (LP), Julius Abure

LP Crisis Deepens as Abure Faction Rejects Otti’s Reconciliation Call

The leadership crisis rocking the Labour Party (LP) has taken a new turn as the Julius Abure–led faction firmly rejected reconciliation efforts initiated by Abia State Governor Alex Otti, declaring it has no interest in any peace move proposed by him.

In a strongly worded response, the factional National Working Committee (NWC) led by Julius Abure described Governor Otti’s call for unity as dishonest, premature, and ill-fated, insisting that the internal dispute within the party is far from being resolved.

The Abure camp was reacting to Otti’s recent appeal for aggrieved factions within the party to sheathe their swords and work towards rebuilding the LP ahead of future elections. The governor had announced plans to set up a reconciliation committee, stating that the interim leadership would determine the appropriate timing.

However, the Abure faction dismissed the move outright, accusing Otti of playing a central role in triggering and escalating the crisis. According to the party’s National Publicity Secretary, Obiora Ifoh, the governor lacks the moral authority to champion reconciliation.

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“We are not interested in any reconciliation being proposed by Governor Alex Otti because he is largely responsible for the crisis facing the party today,” Ifoh said. He questioned why the governor was rushing reconciliation talks when legal battles over the party’s leadership are still ongoing, stressing that the matter is “far from over.”

The rejection comes amid heightened tensions following the removal of Abure’s leadership details from the INEC portal, a development that further deepened divisions within the opposition party.

Background: How the Labour Party Leadership Crisis Began

The Labour Party crisis stems from a prolonged power struggle over national leadership, which intensified after the 2023 general elections that significantly boosted the party’s national profile.

At the heart of the dispute are two rival factions: one led by Julius Abure, the party’s embattled national chairman, and another aligned with Nenadi Usman, who heads an interim leadership structure.

The crisis escalated when a court of first instance issued an order that effectively recognized the Nenadi Usman–led group as the authentic leadership of the party. Acting on the ruling, the Independent National Electoral Commission adjusted its records, delisting the Abure-led NWC from its official portal.

While Abure’s faction has since filed an appeal and maintains that the court ruling is not final, the Usman-aligned camp has continued to operate as the recognized leadership, widening the rift within the party.

Governor Otti, one of the most prominent LP officeholders, has publicly aligned with reconciliation efforts, arguing that internal unity is critical for the party’s survival. However, the Abure faction views his actions as politically motivated interference, rather than a genuine peace initiative.

With legal proceedings still pending and both factions refusing to back down, the Labour Party remains deeply divided, raising fresh concerns about its cohesion and electoral prospects ahead of future political contests.